Miners' Knee benefit claims buckle under inconsistent government compensation scheme
Simon Ellis
06I10I09
Former miners suffering from
osteoarthritis of the knee are facing some difficulties persuading
the Government to grant them the compensation to which they are
entitled.
The Government now
officially recognises osteoarthritis of the knees in coal miners as
an industrial disease and in July 2009 introduced a benefit through
the industrial injuries disability benefit scheme. Since then
eligible sufferers have been able to apply for compensation. Those
meeting the criteria for prescribed diseases have to be medically
examined by a doctor to have the condition confirmed as part of the
claim.
It appears, however, that
many applicants examined by Benefits Agency doctors are having
their claims rejected. Despite medical evidence supporting the
claims, applications are being declined with no explanation given.
Supporting medical evidence in these cases is seemingly being
ignored.
Hugh James has many
years of experience in representing former miners,
and is helping those who have faced
problems with direct Benefits Agency applications to
appeal. Each application submitted by Hugh James is supported
by medical evidence from the sufferer’s GP or hospital confirming
diagnosis of the specific condition. This diagnosis is generally
based on a review of X-rays taken of the knee, which is the method
used by the NHS to diagnose osteoarthritis of the knees.
Simon Ellis, partner at
Hugh James with considerable experience of claiming compensation on
behalf of former mine workers, said: “While we welcome the scheme,
the claims process is complex and the chances of a successful claim
are greatly enhanced with the appropriate supporting medical
evidence and by using a specialist solicitor.”
He continued: “It will be
interesting to see why these applications are being turned down,
apparently at odds with NHS opinion. We hope that this represents
nothing more than teething troubles which will be quickly ironed
out, so that those who suffered as a result of working in one of
our great industries receive everything to which they are entitled
as quickly as possible.”
Hugh James has previously
successfully challenged the medical assessment process used by the
Benefits Agency for other industrial diseases affecting former coal
miners. A survey of
similar claims for benefits for vibration white finger found a
substantial number of requests made directly to the government
failed, whereas claims made for benefits with the help of trade
union or specialist solicitors backed by a miners’ union were
predominantly successful.
For further
information contact:
Simon Ellis, Partner at Hugh James on 029 2022
4871
or email simon.ellis@hughjames.com